STATE OF HIMACHAL PRADESH Vs. DAULAT RAM

JUDGEMENT

(1.) This appeal is directed against the order of acquittal passed by Sub -Divisional Judicial Magistrate, 1st Class, Arki in case No. 12/2 of 1985, decided on 10 -12 -1986.

(2.) Briefly, the allegation against the accused is that on 6 -11 -1984 deceased Dhani Ram was removing the hair of his private part while sitting behind the bushes near Deeb Mandir also known as Paplota Mandir. Some one took him for a wild animal and fired at him. His cries were heard by Madan Lal, Rain Lal and Surat Ram They went to the spot and found the deceased in an injured condition in a pool of blood, lying behind the bushes. On inquiry, they were told by the deceased that someone had fired at him with a gun Similar was his statement to the members of his family, who came to the spot as soon as they were informed about it.

(3.) The deceased was removed to the Primary Health Centre Domehar for medical treatment where Shri Vijay Mehta informed the police telephonically that the deceased had been shot at with a gun by someone. The Station House Officer reached the Primary Health Centre, where he sent Rucka to the Police Station Arki. First Information Report was registered and the police started investigation for offences, like, 337 and 338 Indian Penal Code. The deceased could not survive and died on 7 -11 -1984 at 7.30 a. m. On his death, the case was converted to section 304 -A Indian Penal Code.